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Home My WebLink About26-Water Department OR:Cj'I'V'~L CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Bernard C. Kersey, General Manager Subject: Resolution Declaring Property Located at 1108 North Arrowhead Avenue as Surplus, Authorizing the Sale of the Property to the Economic Development Agency for Concurrent Resale, and Directing the Execution of the Necessary Documents. Dept: Water Department Date: June 20, 2001 Synopsis of Previous Council Action: NONE Recommended Motion: ADOPT RESOLUTION ~cvto( C '1~/ Signature na.... Contact person: Bernard C. Kersey Phone: (909) 384-5091 Supporting data attached: Yes Ward: Second FUNDING REQUIREMENTS: Amount: NA Source: (Acct. No.) NA (Acct. Description) Finance: Council Notes: 7/'1/0J Agenda Item No. ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino declaring property located at 1108 North Arrowhead Avenue in the City of San Bernardino as surplus, authorizing the sale of said property to the Economic Development Agency of the City of San Bernardino for concurrent resale, and directing the execution of the necessary documents. Back2round: In 1995, the Water Department acquired the property at 1108 North Arrowhead Avenue as one of the well sites for the Newmark Superfund Operating Unit Remedial Action Project. The purchase price was $76,500 plus closing costs for a total of $77,646.06. Since the property was acquired utilizing funds from the U. S. Environmental Protection Agency (EP A), any disposal of the property is subject to their approval. When we acquired the property, only a portion of the property was needed for the well site. The residential structure and detached garage were left intact. The Water Department has been working for some time on the best method for the disposal of the property not needed for the well site. Discussions have been held about the possibility of transferring/selling the unused portion of the property to the Economic Development Agency (EDA). EDA operates an Acquisition, Rehabilitation and Resale (ARR) Program to acquire and rehabilitate properties in the city through pre-qualified contractors, and those properties are then sold to low-to-moderate income homeowners. The program requires that the properties sold through this program be owner occupied. EDA also can provide down payment and closing costs assistance to a qualified homebuyer. The zoning for the property is single family residential. When we acquired the property it was a four-plex. One ofthe units was demolished for the well site, and since the three-plex was non-conforming use and vacant for longer than six months, it cannot be permitted again except as a single-family dwelling unit. Graham Enterprises appraised the property for $30,000 as a single-family residential unit. The appraisal is low because of the condition of the property and the extensive rehabilitation that will be required to make it marketable. ANR Industries, one of the pre-qualified contractors through the ARR program, submitted a bid on the property for rehabilitation offering to pay $30,750 for the property and performing approximately $70,000 in improvements to the property and then marketing the property for $110,000. The Water Department would have to either invest a substantial amount of money in the property then offer it as surplus and sell at public bid or proceed with the sale of the property to the EDA. The property is boarded up at the current time and is very unattractive in the neighborhood. Owner occupancy of the unit is preferred to a sale to any buyer who might then rent the unit. To effectuate the sale of the property to the City of San Bernardino Economic Development Agency, we would enter into a double or back-to-back escrow. Any and all proceeds from the sale of the property would be remitted back to the U.S. Environmental Protection Agency less reasonable sales transaction costs. Financial ImDact: None Recommendation: Staff recommends adoption of the resolution declaring the property at 1108 North Arrowhead Avenue as surplus, authorizing the sale of the property to the Economic Development Agency for concurrent resale to ANR Industries, and directing the execution of the necessary documents. " r"-'.-" 1 '- 2 3 4 5 6 r \..,." '- ~(Q)~'\f RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO DECLARING PROPERTY LOCATED AT 1108 NORT ARROWHEAD AVENUE IN THE CITY OF SAN BERNARDINO AS SURPLUS, AUTHORIZING THE SALE OF SAID PROPERTY TO THE ECONOMI DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR CONCURREN RESALE, AND DIRECTING THE EXECUTION OF THE NECESSARY DOCUMENTS. WHEREAS , the City of Bernardino, a municipal San 7 corporation, is the owner of real property located at 1108 Nort 8 Arrowhead Avenue in the City of San Bernardino, State 0 9 California, said real property being designated for Wate 10 11 Department use; and WHEREAS, the Mayor and Common Council of said City find an determine that there is no necessity for the City's ownership 0 12 13 said Real property; and WHEREAS, the Mayor and Common Council of said City believ it is in the best interest of the City that said parcel of property be sold to the Economic Development Agency of the Cit 14 15 16 of San Bernardino resale through thei for concurrent 18 and rehabilitate property in the City through pre-qualifie 19 and then sold to low and moderate incom contractors, 20 homeowners; and 21 WHEREAS, an appraisal was prepared by Graham Enterprises indicating a fair market value of Thirty Thousand Dollars 22 23 ($30,000.00); and 24 WHEREAS, the Economic Development Agency has expressed a 25 desire to purchase said real property for concurrent resale 0 26 the property to ANR Industries under the perimeters of th 27 Acquisition, Rehabilitation and Resale (ARR) Program Agreement; 28 and -c - ~ "- c r- ..,- ,. Resolution Declaring Property Located at 1108 North Arrowhead Avenue as Surplus an Authorizing the Sale 1 WHEREAS, pursuant to Section 2.65.050 of the San Bernardino 2 Municipal Code, real property owned by the City may be sold t another public agency without the need for competitive bid, bu the sales price shall not be less than the fair market value. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CIT OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The public interest and convenience require th sale of City owned real property located at 1108 North Arrowhea Avenue in the City of San Bernardino. SECTION 2. It is therefore the intention of the Mayor an Common Council of the City of San Bernardino to sell said real property to the Economic Development Agency of the City of Sa Bernardino for concurrent resale to ANR Industries. 8 9 10 11 12 13 SECTION 3. The Mayor and Common Council do hereby find an determine that the Fair Market Value of the property and sales 14 15 Fifty Dollars price is Thirty Thousand Seven Hundred 16 ($30,750.00) . 17 SECTION 4. The Mayor is hereby directed to execute th 18 Grant Deed at such time it is produced as part of the normal 19 escrow process, and further, to authorize the General Manager 0 20 the Water Department or his designee to execute any and all 21 escrow documents to bring the sale to conclusion. 22 III III III III III III III 23 24 25 26 27 28 -2- . Resolution Declaring Property Located at 1108 North Arrowhead Avenue as Surplus an Authorizing the Sale 1 '- 2 I HEREBY CERTIFY that the foregoing Resolution was dul 3 adopted by the Mayor and Common Council of the City of Sa meeting thereof, held on the day 0 4 Bernardino at a 5 , 2001, by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 ESTRADA 8 LIEN 9 MCGINNIS 10 SCHNETZ 11 SUAREZ 12 ANDERSON 13 MCCAMMACK C 14 15 Rachel G. Clark, C~ty Clerk 16 The foregoing resolution is hereby approved this 17 day of 18 , 2001. 19 20 Approved as to form and legal content: 21 JAMES F. PENMAN, 22 City Attorney 23 24 25 26 .............. ,-. 27 28 Judith Valles, Mayor City of San Bernardino -3- -- .. ,""".'''"' , '- o N.T.S. r- i '- 1108 North Arrowhead Avenue Property Location Plat !l! i BASELINE ST c ~..__L__-,".. -----.. "-'~-~or-- ci ~I tn ~i, JL_..ORANGE ST 1"'!1ii. . I; C Pj 2 EPASITE , .~ !l!' 11TH ST c: ....-- ".i ~, ". j ~ OLIVE ST i Cl .....-"-.----~ z iii, ~! : 10~_~._.J .-r--, z; <: WVE ~[-_........... , ..L_____... o Vicinity Map N.T.S. --- . '- After Recording Please Return To: COpy of Document Recorded onJUN 2 8 2001a5 No.:J-54/53 Has not been compared with original. SAN BERNARDINO COUNTY RECORDER Public Works Division City Hall 300 North "D" Street San Bemardino, CA 92418 CERTIFICATE OF COMPLIANCE CITY FILE: CERTIFICATE OF COMPLIANCE NO. 2001-006 AFFECTING THAT REAL PROPERTY DESCRIBED AS FOLLOWS: ASSESSOR'S PARCEL NUMBER 140-064-13 IN THE CITY OF BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA BRIEF DESCRIPTION OF THE CERTIFICATION OF COMPLIANCE: DIVIDE ONE (I) PARCEL INTO TWO (2) PARCELS PER 66426.5, 66428(a) (2), AND 66499.35 SUBDIVISION MAP ACT AND TITLE 19.48.150 MUNICIPAL CODE. c LIST OF ATIACHED EXHIBITS; EXHIBIT "A" - LEGAL DESCRIPTION OF PROPERTY PRIOR TO CERTIFICATE OF COMPLIANCE. EXHffiIT "B" - LEGAL DESCRIPTION OF PROPERTY AFTER CERTIFICATE OF COMPLIANCE. EXHIBIT "C" - OWNER'S CERTIFICATE OF COMPLIANCE. EXHIBIT "D" - PROPERTY LOCATION PLAT. LEGAL OWNERS: CITY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO, CA 92401 r-- CITY ENGINEER HEREBY STATES THE DIVISION HEREOF COMPLIES WITH APPLICABLE PROVISIONS OF THE SUBDIVISION MAP ACT AND TITLE 19 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE. Date ofIssuance: (. -;).4' -"- 00 I DEVELOPMENT SERVICES DEPARlMENT PUBLIC WORKS DIVISION CITY OF SAN BERNARDINO/CITY ENGINEER * BY NEE:~ ~h: en ~ MICHAEL W. GR BS, RCE 27006 .~ OF CA\.*\lI'~ FIELD ENGINEER SUBSCRIBED AND SWORN TO BEFORE ME THIS .)'{.J.DA Y OF l~. ,2001 llrL(7 etkJ,,-, -; I C CLERK, CITY OF SAN BJRNARDINO "'() ~~_~ ~r~ (SEAL) "- -,. EXHIBIT "A" _/""'~~~ LEGAL DESCRIPTION FOR CERTIFICATE OF COMPLIANCE ASSESSOR'S PARCEL NUMBER 140-064-13 PRIOR TO SUBDIVISION ',,-, LEGAL DESCRIPTION: SAID LAND IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 4, BLOCK 75, NINE ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE(S) 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 4, AND 500.00 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; ALSO BEING THE SOUTHEAST CORNER OF LAND DEEDED TO IBBIE W. NEWCOME, BY DEED DATED OCTOBER 31, 1921 AND RECORDED IN BOOK 728, PAGE(S) 332, OF DEEDS; THENCE WEST 137.50 FEET; THENCE SOUTH 98.00 FEET MORE OR LESS, TO THE NORTH LINE OF ELEVENTH STREET; <::: THENCE EAST 137.50 FEET; THENCE NORTH 98.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO THAT PORTION OF LOT 4, BLOCK 75, NINE ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE(S) 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 30.00 FEET NORTH AND 137.50 FEET WEST OF THE SOUTHEAST CORNER . OF SAID LOT 4; THENCE WEST 46.50 FEET TO THE EAST LINE OF PROPERTY CONVEYED TO ELIZABETH HOOPER SWANSON, BY DEED RECORDED JANUARY 20, 1920 AND RECORDED IN BOOK 668, PAGE(S) 270, OF DEEDS; THENCE NORTH 137.50 FEET; THENCE EAST 46.50 FEET; THENCE SOUTH 137.50 FEET TO THE NORTH LINE OF ELEVENTH STREET, THE POINT OF BEGINNING; ~ "- .:1r cXll CONTAINING 19,869 SQUARE FEET OR 0.46 ACRES. DATE Page 2-, ~ ...,-~ EXHIBIT -B- .,-- LEGAL DESCRIPTION FOR CERTIFICATE OF COMPLIANCE AFTER SUBDIVISION LEGAL DESCRIPTION PARCEL 1: ALL THAT PORTION OF LOT 4, BLOCK 75, NINE ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARD+NO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE (S) 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 30.00 FEET NORTH AND 137.50 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 4, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF ELEVENTH STREET BEING 60 FEET WIDE; THENCE WEST 46.50 FEET, ALONG THE NORTH RIGHT-OF-WAY LINE OF ELEVENTH STREET, TO THE EAST LINE OF PROPERTY CONVEYED TO ELIZABETH HOOPER SWANSON, BY DEED RECORDED JANUARY 20, 1920 AND RECORDED IN BOOK 668, PAGE(S) 270, OF DEEDS; THENCE NORTH 137.50 FEET; C THENCE EAST 46. 50 FEET; THENCE SOUTH 39.50 FEET; THENCE EAST 7.00 FEET; THENCE SOUTH 98.00 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY LINE OF ELEVENTH STREET; THENCE WEST 7.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING APPROXIMATELY 7,080 SQUARE FEET OR 0.16 ACRES. LEGAL DESCRIPTION PARCEL 2: ALL THAT PORTION OF LOT 4, BLOCK 75, NINE ACRE SURVEY OF THE RANCHO SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE (S) 2 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 30.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 4, SAID POINT BEING ON THE NORTH LINE OF ELEVENTH STREET BEING 60 FEET WIDE AND BEING ON THE WEST LINE OF ARROWHEAD AVENUE BEING ~ 82.50 FEET WIDE; "- Page 3 "'"' ~ , 1'""" THENCE NORTH 98.00 FEET, ALONG THE WESTERLY RIGHT-OF-WAY OF '- ARROWHEAD AVENUE; THENCE WEST LEAVING SAID RIGHT OF WAY, 130.50 FEET; THENCE SOUTH 98.00 FEET, MORE OR LESS, TO THE NORTH RIGHT-OF-WAY LINE OF ELEVENTH STREET; THENCE EAST 130.50 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; SAID LAND BEING 12,789 SQUARE FEET OR 0.29 ACRES IN AREA. 0. :loa \ c c- "- ., Page 4 -., - ,,"-" '- c .-- ( "- EXHIBIT "C" OWNER'S CERTIFICATE OF COMPLIANCE FOR LOT DIVISION We hereby certify that we are all and the only owners of the property as described in EXHIBIT "A" and EXHIBIT "B" attached, and we hereby consent to the preparation and recordation of a Certificate of Compliance to conform to parcels of record. CITY OF SAN BERNARDINO Subscribed an.d sworn to before me this ~day of ~~ 2001. J(P-c.Ll? C!.fa.,J J CITY CLERK City of San Bernardino &cJ ~..:.L- /.k-~ luriz- (Seal) Page 5 "'"' r [0 '-- N.T.S. @ EXHIBIT "0" Property Location Plat @ @ 41.25' 41.25' @ u..i ~ 7.00' Q < ~I '0 ~ @ Lf) t"- o: n 0: ~ 0 PARCEL 2 c:f < @ <Xl CJl '0 n 7.00' 11TH STREET .0 n @ @ . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): & - q -() I Item # ?.J" Resolution # Vote: Ayes I J) Nays e Abstain ...-&- Change to motion to amend original documents: ~\-cll Absent -E? Reso. # On Attachments: ~ Contract term: Note on Resolution of Attachment stored separately: --==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date Sent to Mayor: ',- I (:) -0 I Date of Mayor's Signature: ,-, ;)-<:"1 Date ofClerklCDC Signature: '-\d-6 \ Date Memo/Le t for Signature: See Attached: e Attached: See Attached: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: NullNoid After: - By: - Reso. Log Updated: V Seal Impressed: V" Date Returned: - Yes .,./ No By - Yes No ~ By Yes No ./ By Yes No / By - Yes No ,/ By EDA V ./ Others: Finance MIS mAR."1 AAJ"lr,oJ ( z. cel2-lIh&1)) BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: 1'\"'\'\ Date: \. \ "3 -() \ Revised 01112/01